1. (a) Except as otherwise provided by Subsection (a-1), the department may charge a person a fee for processing inquiries for criminal history record information. The department may charge:

   1. (1) a fee of $10 for each inquiry for criminal history record information on a person that is processed only on the basis of the person's name, unless the inquiry is submitted electronically or by magnetic media, in which event the fee is $1;
   2. (2) a fee of $15 for each inquiry for criminal history record information on a person that is processed on the basis of a fingerprint comparison search; and
   3. (3) except as provided by Subsection (b), actual costs for processing all other information inquiries.

2. (a-1) The department may not charge a fee under Subsection (a) for providing criminal history record information to:

   1. (1) a criminal justice agency;
   2. (2) the office of capital and forensic writs; or
   3. (3) a public defender's office.

3. (b) The department may not charge for processing an electronic inquiry, made through the use of the Internet, for information described as public information under:

   1. (1) Section 411.1355; or
   2. (2) Article 62.005, Code of Criminal Procedure.
4. (c) The fee a municipality pays under Subsection (a)(1) for an inquiry submitted electronically or by magnetic media may be used to allow the department to make the information available through electronic means under Section 411.129.

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 165, Sec. 8, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 747, Sec. 1, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 791, Sec. 2, eff. June 18, 1999;

Acts 1999, 76th Leg., ch. 1024, Sec. 2, eff. June 18, 1999;

Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(40), eff. Sept. 1, 2001.

Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.09, eff. September 1, 2005.

Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 2, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 24, eff. September 1, 2015.

Acts 2023, 88th Leg., R.S., Ch. 637 (H.B. 5202), Sec. 1, eff. June 11, 2023.